In a large city like Philadelphia, many people end up being assaulted at work. A fight, robbery, etc., can lead to serious injuries and even death. For most residents of Philadelphia, missing a few weeks or even a month from work, causes serious financial strain.
Workers who are injured in fights and assaults while on the job in both Pennsylvania and New Jersey may be able to make two types of claims: a workers’ compensation claim and/or a civil claim against the assaulting worker and other parties. It is important to note that viability of any work related accident legal claim depends heavily on the facts of the case. Therefore, it is advisable to speak to a work accident lawyer to determine your rights and responsibilities.
In general, employers may be liable for assaults that occur during the course and scope of employment. For instance, a store cashier who is assaulted by a customer may be able to make a workers’ compensation claim against the employer to obtain medical treatment and work loss payments if the injuries cause a temporary and/or permanent disability.
The main limitation of workers’ compensation benefits is that they do not provide compensation for pain and suffering damages, and any disability payments will total a certain percentage of the employee’s weekly wages. Therefore, an injured worker who makes a workers’ compensation claim for disability payments will not receive 100% of their weekly pay, and instead will only receive a percentage. These percentages are set by workers’ compensation laws in PA and NJ.
In addition to a workers’ compensation claim, some workers who are injured due to fights or assaults at work may be able to make a separate negligence or tort claim. This nuance of work accident law is not widely known; therefore, many injured workers make the mistake of only seeking workers’ compensation benefits.
To illustrate: A worker is assaulted by another worker on a construction site in Philadelphia. The general contractor had prior knowledge of the problem between the two workers, yet failed to intervene. The general contractor even ignored the worker’s requests to be placed at different parts of the worksite. The worker is then assaulted and suffers a serious injury. In this scenario, the worker may have a valid negligence claim against the general contractor. The basis of the claim is failing to provide a safe work environment after having knowledge of the aggressive behavior of the worker who committed the assault.
- Pennsylvania Workers’ Compensation Benefits – Assaults/Robberies at Work (Part 2)
- Pennsylvania Workers’ Compensation Benefits – Assaults/Robberies at Work
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The Philadelphia law firm of Laffey, Bucci & Kent represents workers who are injured on the job. Our work accident lawyers specialize in handling negligence cases against third parties and may handle workers’ compensation cases. Depending on the facts of a given work accident case, the firm may refer the workers’ compensation case to another law firm. Please call the firm for a free consultation. Click To Call
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